Can a motion to dismiss a civil rights action be dismissed before service of process is completed?
MultiRegion, United States of America
The following excerpt is from Brymer v. Hood, 978 F.2d 714 (9th Cir. 1992):
While vague and conclusory allegations of official participation in civil rights violations are insufficient to withstand a motion to dismiss, see Richards v. Harper, 864 F.2d 85, 88 (9th Cir.1988), a pro se civil rights action may be dismissed prior to service of process only if it is wholly frivolous. See Neitzke, 496 U.S. at 324-25.
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